Massachusetts General Laws

Mass. Gen. Laws ch. 119, § 74 (2026)

Limitations on criminal proceedings against children

✓ current as of July 2026

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Section 74. Except as hereinafter provided and as provided in sections fifty-two to eighty-four, inclusive, no criminal proceeding shall be begun against any person who prior to his eighteenth birthday commits an offense against the laws of the commonwealth or who violates any city ordinance or town by-law, provided, however, that a criminal complaint alleging violation of any city ordinance or town by-law regulating the operation of motor vehicles, which is not capable of being judicially heard and determined as a civil motor vehicle infraction pursuant to the provisions of chapter ninety C may issue against a child between sixteen and 18 years of age without first proceeding against him as a delinquent child.

The juvenile court shall not have jurisdiction over a person who had at the time of the offense attained the age of fourteen but not yet attained the age of 18 who is charged with committing murder in the first or second degree. Complaints and indictments brought against persons for such offenses, and for other criminal offenses properly joined under Massachusetts Rules of Criminal Procedure 9 (a) (1), shall be brought in accordance with the usual course and manner of criminal proceedings.

Notes of Decisions

Cited in 36 cases (2 in the last 5 years), 1963–2024 · leading case: Commonwealth v. Soto, 68 N.E.3d 1133 (Mass. 2017).

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Commonwealth v. Soto, 68 N.E.3d 1133 (Mass. 2017). · cites it 12× “Alexander Soto, a juvenile, was indicted in the Superior Court for murder in the first degree and for related offenses under G. L. c. 119, § 74. A judge in the Superior Court dismissed the nonmurder indictments, ruling that the nonmurder charges must be brought first in the…”

Commonwealth v. Walczak, 979 N.E.2d 732 (Mass. 2012). · cites it 4× “A murder indictment must be tried in the Superior Court “in accordance with the usual course and manner of criminal proceedings,” G. L. c. 119, § 74, and the juvenile defendant will be treated in all respects as an adult.”

Watts v. Commonwealth, 8 N.E.3d 717 (Mass. 2014). · cites it 4× “Further, the act amends G. L. c. 119, § 74, to state that no criminal proceeding shall be begun against any person who prior to his eighteenth birthday commits an offense against the laws of the Commonwealth without first proceeding against him as a delinquent child.”

Graham v. Florida, 176 L. Ed. 2d 825 (2010). “17-a, § 1251 (2006) Massachusetts Mass Gen. Laws ch. 119, § 74, id., ch. 265, § 2 (West 2008) New Jersey N.”

Commonwealth v. Williams, 691 N.E.2d 553 (Mass. 1998). · cites it 3× “Stated another way, the defendant claims that, contrary to G. L. c. 119, § 74, as in effect at the time, the proceedings as to the lesser included offense were not “begun and dismissed [in the Juvenile Court] as required by [former G.”

Commonwealth v. Porges, 952 N.E.2d 917 (Mass. 2011). · cites it 2× “See G. L. c. 119, § 74 (Juvenile Court “shall not have jurisdiction” over person between age of fourteen and seventeen charged with committing murder in first or second degree; complaints and indictments brought against such persons “shall be brought in accordance with the usual…”

Commonwealth v. Mogelinski, 1 N.E.3d 237 (Mass. 2013). “G. L. c. 119, § 74. Pursuant to a recent amendment, see discussion, supra, the Commonwealth may seek a youthful offender indictment at any point prior to an individual’s nineteenth birthday, for offenses alleged to have been committed between the ages of fourteen and eighteen.”

CHARLES C. v. Commonwealth, 612 N.E.2d 229 (Mass. 1993). · cites it 2× “The juvenile first directs attention to G. L. c. 119, § 74 (1990 ed.), which provides, in pertinent part, that “no criminal proceeding shall be begun against any person who, prior to his seventeenth birthday commits an offense against the law of the commonwealth .”

Stokes v. Commonwealth, 336 N.E.2d 735 (Mass. 1975). · cites it 2× “G. L. c. 119, § 74. The petitioner was first charged in two complaints issued on June 23, 1969, with juvenile delinquency (a) by reason of breaking and entering in the nighttime with intent to commit larceny and (b) by reason of murder.”

Doe v. Attorney Gen., 425 Mass. 210 (Mass. 1997). “200, § 4), and transferred jurisdiction from the Juvenile Court to the Superior Court over all juveniles who are charged with committing first or second degree murder while between the ages of fourteen and seventeen (G. L. c. 119, § 74, as appearing in St. 1996, c.”

A Juv. v. Commonwealth (No. 1), 405 N.E.2d 143 (Mass. 1980). “Possibly he thought himself faced with a choice between, on the one hand, dismissing the indictment with no chance of reinstitution of proceedings in the Juvenile Court (the petitioner being now more than eighteen years old) or of reindictment (G. L. c. 119, § 74), and, on the…”

Watkins v. Commonwealth, 12 N.E.3d 1009 (Mass. 2014). · cites it 2× “He moved to dismiss the indictment and remand the matter to the Juvenile Court on the ground that subjecting him to adult criminal proceedings in the Superior Court pursuant to G. L. c. 119, § 74, 1 rather than youthful offender proceedings in the Juvenile Court, would violate…”

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